If this statute were strict liability which could be argued in that it is a misdemeanor offense dealing with an issue of public welfarethe attendant circumstance would obviously still be strict liability. For example, in this case, when Timothy Boomer fell into the water and cussed, these words are universally unacceptable in mixed company.
This presumption makes sense here since the law was meant to prohibit offending women and children and so a person would be at their own risk, if they used offensive language, to be sure there were no women or children present.
For criminal law defenses, however, refer to your own knowledge under both the common law and the Model Penal Code. This statute was enacted in Smith will also argue, for many of the same reasons already stated, that the language of the statute is overly broad.
Rape is a felony carrying a sentence of up to 20 years in prison.
Timothy Boomer was in one of the five canoes. The river around Smith and Boomer was crowded with families and children. Clearly, he was not only reckless about using vulgar language, but purposeful. Smith saw Boomer fall out of his canoe and into the river, at which point Boomer loudly uttered a stream of profanities, while slapping the river and throwing his hands into the air.
About forty yards ahead of him, there was a group of people traveling down the river together. They do not have common meanings to which all agree. The group consisted of five canoes.
Any person who shall use any indecent, immoral, obscene, vulgar or insulting language in the presence or hearing of any woman or child shall be guilty of a misdemeanor. What arguments might the prosecution make in response?
The prosecution may respond to this argument that the average person understands what would be insulting to a woman or children, just as the dissent argued in Chicago v.
Void for Vagueness Timothy Boomer will argue that the Michigan statute violates the due process clause of the U. Morales that the average person knows when they are loitering with no apparent purpose. A A homicide perpetrated by any kind of willful, deliberate and premeditated killing; or B a killing proximately caused in the perpetration of, or attempt to perpetrate, a felony.
Robbery is a felony carrying a sentence of no less than 3 and no more than 40 years in prison. However, this argument will be problematic since Smith will be arguing that the statute is void on its face and not just in application to his case.
Socia issued Boomer a citation for violating the following Michigan statute: Sexual intercourse with another person by force or threat of force against the will of the other person. A A homicide that would otherwise be murder is committed in a sudden passion or heat of blood caused by provocation sufficient to deprive an average person of his self-control and cool reflection; or B a homicide committed recklessly.
A homicide committed negligently. In the one hundred year-plus history of the statute, there are no published cases addressing the statute.
Constitution because it is void for vagueness. Mens rea as to attendant circumstance Boomer can argue that he had no idea there were women and children around. The meaning of the words turns too much on the sensibilities of the individual. At his arraignment on the misdemeanor charge, Boomer moves to dismiss the charge.
Any murder which is committed recklessly under circumstances manifesting extreme indifference to the value of human life. What arguments can he make in support of his motion? A statute can be void for vagueness in one of three ways: Socia looked up and saw Boomer chasing a group of canoes, splashing water at them with his paddle, and repeatedly swearing at them.
The taking of anything of value belonging to another from the person of another, or that is in the immediate control of another, by use of force or intimidation, when the offender leads the victim to reasonably believe he is armed with a dangerous weapon.Huxley-Binns: Criminal Law Concentrate 4e Outline answers to essay questions.
Chapter 2. Actus reus; Chapter 3. Mens rea; Chapter 4. Strict liability Chapter 5. Non-fatal offences against the person Chapter 6. Sexual offences Chapter 7.
Homicide I Chapter 8. How to Write a Criminal Law and Justice Essays: Student's Mini-Guide. Writing a criminal law and justice essay can be quite intimidating for students, especially as Criminal Justice is a broad discipline. Students in the transition phase from high school to college find it explicitly challenging.
Past California Bar Exam Questions and Answers Criminal Law & Procedure Essays & Answers. The following California Bar Exam questions are reprinted with permission of the California Bar Examiners.
Criminal Law > Exam Prep > Essay Exams.
CRIMINAL LAW ESSAY EXAMINATION #5. Search. Table of Contents. Exam Prep. Add to Library. Law Dictionary. CASE BRIEFS. Law Dictionary Question #1. Michael Smith was canoeing down the Rifle River in Michigan with his wife and two children. About forty yards ahead of him, there. Concise focused coverage of criminal law & procedure, acronyms-mnemonics memory aids, question maps cross-reference text to questions, over multiple-choice questions with full answers, essay questions with grading.
Criminal Justice Essay Topics: How to Write a Perfect Paper? Criminal Justice is a set of practices and traditions, focused on the control of social behaviors, crime deterioration and restraint of the individuals who refuse to respect the court of law.
It is also a field of study within the general Law.Download